A summons is an official court document, signed by the clerk, giving legal notice of a lawsuit to the party being sued. Upon 'being served' with the summons (receiving the summons), the party is legally obligated to respond to the petition or complaint filed by the suing party, or face the prospect of a default judgment being rendered against them for the relief sought. This form, a Summons in a Civil Action is a summons for a civil action of the kind stated, or a general use summons. Available for download now in standard format(s).
Missouri Summons in a Civil Action
State:
Missouri
Control #:
MO-AO-440-WD
Format:
PDF
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How to fill out Missouri Summons In A Civil Action?
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FAQ
Contact the clerk's office of the court where the lawsuit was filed. You'll find a phone number and address for the clerk's office on your summons. The clerk will be able to tell you exactly what documents you should file with your answer and whether any filing fee is required.
Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.
Provide the name of the court at the top of the Answer. You can find the information on the summons. List the name of the plaintiff on the left side. Write the case number on the right side of the Answer. Address the Judge and discuss your side of the case. Ask the judge to dismiss the case.
A civil summons is a serious matter. It is "notice" that you have been served with a lawsuit and that if you do not answer the summons and complaint (also served upon you at the time the summons was served) within the stated period of time, a default and default judgment could be entered against you in that matter.
Missouri summons last only 30-60 days.
WHAT HAPPENS AFTER I FILE MY ANSWER? Your Answer will go into the court's file. You have to keep one copy and send a copy of it to the attorney on the other side. The Clerk will then give you a date to come back to court or tell you that you will get a date in the mail.
A defendant may respond in an answer that admits or denies each of the plaintiff's allegations in the complaint. The answer will list defenses and counter-claims or cross-claims against the plaintiff or other defendants. The answer will state whether the defendant wants a jury trial. The case will then continue.
Arrange a Repayment Plan. One option you have for stopping a judgement against you is to speak to the creditor before they file any court documents. Dispute the Debt. If you believe the debt is not legitimate, you have the option of fighting it. File for Bankruptcy.
An answer is a formal statement, in writing, of your defense to the lawsuit. You can say that what the plaintiff claims is not true. Or you can say it is true but give more information and reasons to defend your actions or explain the situation. The Code of Civil Procedure section 431.30(b)